Constitution.67 And finally, Article 20 of the ICCPR prohibits war propaganda, which is not stipulated in the Constitution. In South Asian jurisprudence especially, nobody is allowed to cause contempt of court in the exercise of her freedom of speech and expression.68 The Constitution of Bangladesh specifically provided for the Supreme Court’s power to commit for contempt of court. However, given that the contempt power constitutes a restriction on the freedom of speech and expression, this power should be cautiously and sparingly used.69 In one case, the Supreme Court of Bangladesh stated that “[f]reedom of press being recognised in our Constitution, a Court is to suffer criticism made against it, and only in exceptional cases of bad faith or ill motive, it will resort to law of contempt.”70 Derogations in Times of Emergency: The ICCPR allows derogations from fundamental rights only in the time of public emergency if it threatens the life of the nation and is officially announced. It does not allow 70 71 56 Saleemullah vs. State, 44 DLR (AD) 309. See also, anonymous, “Comparison between the International Covenant on Civil and Political Rights,” 21.

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